Suffering a traumatic brain injury (TBI) can be devastating. TBIs can have life-changing consequences, leaving victims and their families dealing with immense physical, emotional, and financial challenges. In Missouri and Kansas, if a TBI is caused by someone else’s negligence, such as in a car accident or slip and fall accident, you may have grounds to pursue compensation through a personal injury claim.
A common question we get from clients is, “How long does a TBI case take to settle?” Every case is unique, meaning there is no average timeline for all cases. The duration of a TBI case depends on several factors. Read on to learn more.
Factors That Affect the TBI Settlement Timeline
How long it takes for a TBI case to settle in Kansas or Missouri depends on several factors, some of which are within your control, and others that are not. Depending on the specific factors surrounding your case, reaching a resolution may take a few months to years. Below are some of the key factors that impact the timeline of TBI cases in Kansas and Missouri;
1. Severity of the Injury
Understanding the full extent of a TBI is crucial for determining fair compensation. It can take time to understand the long-term effects of a severe TBI. Often, severe traumatic brain injuries require extensive diagnostic testing, surgeries, and prolonged rehabilitation, which can delay the legal process.
2. Medical Treatment and Recovery
Before a TBI case can be fully evaluated for settlement, it is vital to wait until you reach maximum medical improvement (MMI). This is the stage where you have recovered as best as you can after the accident, and your condition is unlikely to significantly improve even with further treatment. Depending on the severity of your injury, it can take months or even years to reach MMI.
3. Complexity of the Case
If the case involves multiple defendants, such as in a multi-vehicle accident or a premises liability situation with several responsible entities, it may take longer to reach a resolution. Cases involving liability disputes also take longer to resolve. When liability is disputed, investigations are more complex, and negotiations often stall.
4. Insurance Company Tactics
Insurance companies use several tactics to delay, deny, or undervalue TBI claims because these cases are often high-value. Negotiating with the at-fault party’s insurance company can take time.
Challenges That Can Delay a TBI Case
The following are some of the common challenges that can delay a TBI case in Kansas or Missouri;
- Waiting for the victim to reach MMI
- Slow or uncooperative insurance companies
- Disputes over the extent or cause of the TBI
It can be frustrating when your TBI case faces delays. However, settling too early can result in accepting compensation that does not cover all your damages. A thorough case is usually more effective than a quick one.
The Importance of an Attorney
An experienced attorney can make a massive difference in the outcome and efficiency of your Kansas or Missouri TBI case. An attorney will;
- Gather compelling evidence to build a strong case
- Accurately calculate the value of your claim
- Communicate and negotiate with the insurance company
- Fight the tactics the insurance company might use
Contact a TBI Lawyer
Our experienced brain injury counsel at Griggs Injury Law is committed to helping TBI victims and their families secure the compensation they deserve in a timely manner. Contact us today to schedule a consultation and discuss your case.
